Section 20 consolidates Opt 7.03 and 7.04 and updates the language to reflect that the renewal fee is no longer listed in statutes but determined by a statutory process.
Section 21 recreates the late renewal provisions to clarify the different requirements based upon whether the late renewal occurs within or after 5 years. Renewal within 5 years requires payment of the fees (renewal and late) and attesting to completion of the continuing education requirements. Renewal after 5 years requires payment of the renewal and late fees, and either proof of an active license in another state or passing the national and state exams and completion of 30 hours of approved continuing education to ensure competency.
Section 22 creates a new provision relating to reinstatement of a credential. This provision pertains to a person who has not renewed their license for more than 5 years with unmet requirements from a previous disciplinary action or the license has been surrender or revoked. A person may apply to have the credential reinstated by submitting evidence of completion of any applicable disciplinary requirements, rehabilitation or change in circumstances warranting reinstatement and if the person has not held a license in more than 5 years completion of the requirements for late renewal after 5 years.
Summary of, and comparison with, existing or proposed federal regulation:
The only federal regulation related to this rule is the Federal Trade Commission Rules 16 CFR 315.3 and CFR 456.02 requires the release of spectacle and contact lens prescriptions to the patient at no cost. Comparison with rules in adjacent states:
Illinois: Illinois lists the requirements for licensure (and not the requirements for examination). Illinois lists grounds for discipline including conviction, misrepresentation, professional incompetence or gross negligence, fraud, addiction to alcohol or drugs, discipline by another state, practice outside the scope, immoral conduct, failure to perform a minimum eye examination, gross and willful overcharging for professional services, and misleading advertising. Renewal of a license after three years requires payment of fees, proof of current certification in cardiopulmonary resuscitation, completion of continuing education requirements, evidence of education or experience of fitness to practice or passage of Part III of the national examination.
Iowa: Iowa lists the requirements for licensure (and not the requirements for examination). Iowa lists the grounds for discipline including fraud, professional incompetency, practice outside the scope of the profession, misleading advertising, habitual intoxication or addiction, diversion of drugs, falsification of records, negligence, conviction of a crime related to the profession, disciplinary action in another state; violation of board orders, and unethical conduct. A late renewal for five years or less requires verification of license in other jurisdictions and completion of 50 of continuing education within 2 years preceding renewal. A late renewal more than 5 years requires verification of license in other jurisdiction, completion of 100 hours of continuing education with 2 years of renewal or current CELMO certification and 50 hours of continuing education within 2 years of renewal. A license which has been revoked, suspended or surrendered must meet any unmet disciplinary requirements, provide evidence of facts sufficient to enable the board to determine that the basis no longer exists and it is the public interest for the license to be reinstated.
Michigan: Michigan lists the requirements for licensure (and not the requirements for examination). Michigan does not list unprofessional conduct activities. After a license has lapse, it can be renewed with the submission of fees, 40 hours of continuing education completed within the 2 year period immediately preceding renewal and a minimum score of 75 on the Michigan laws and rules.
Minnesota: Minnesota lists the requirements for licensure (and not the requirements for examination). Minnesota does not list unprofessional conduct activities. Reinstatement of an expired license (late renewal) requires payment of renewal and penalty fees and proof of completion of continuing education. Reinstatement of a revoked or suspended license requires evidence of full rehabilitation from the offense and complies with all other reasonable conditions imposed by the board.
Summary of factual data and analytical methodologies:
The Board reviewed, updated and reorganized the chapters to remove obsolete provisions, reflect current practices and technologies and clarify provisions. In addition, the Board implemented 2013 Act 114 and 2013 Act 345. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
Economic impact comments were solicited by posting the proposed rule for 14 days and no comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Jeff.Weigand@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Ch. Opt 3 (title) is amended to read: EXAMINATION FOR LICENSURE
Section 2. Opt 3.02 is repealed and recreated:
Opt 3.02 Application. An applicant for licensure as an optometrist shall submit all of the following:
(1) An application and required fee under s. 440.05, Stats. (2) Official documentation of graduation from a program accredited by the Accreditation Council on Optometric Education (ACOE).
(3) Verification of passing parts I, II and III of the National Board of Examiners in Optometry examination.
(4) Verification of passing the examination assessing knowledge of state laws and administrative rules regarding the practice of optometry.
(5) If the applicant has an arrest or conviction record, documentation necessary for the board to determine whether the circumstances substantially relate to the practice of optometry, subject to ss. 111.321, 111.322 and 111.335, Stats. Section 3. Opt 3.03, 3.04, 3.05, and 3.06 are repealed.
Section 4. Opt 3.07 is repealed and recreated to read:
Opt 3.07. Passing scores. The passing score on each examination is determined by the board to represent minimum competence. The board may adopt the recommended passing score of the examination provider.
Section 5. Opt 3.09, 3.10, 3.11 and 3.12 are repealed.
Section 6. Opt 5.01 is amended to read:
Opt 5.01 Intent. The intent of the board in adopting the rules in this chapter is to establish minimum standards of conduct for optometrist and to specify reasons for taking disciplinary action against a licensee the board may reprimand, deny, limit, suspend or revoke any license or certificate of registration.
Section 7. Opt 5.02 (3) is amended to read:
Opt 5.02(3) “Grossly incompetent” as that term is used in s. 449.07(1)(b), Stats., means the failure of a licensee or certificate holder to exercise that degree of care and skill which is exercised by the average practitioner who holds the same type of license or certificate, acting in the same or similar circumstances. Grossly incompetent specifically includes the inability to proficiently operate equipment and instruments described in s. Opt 5.07 the failure to have in good working order adequate equipment and instruments as are necessary to perform the minimum eye examination. Section 8. Opt 5.03 is created to read:
Opt 5.03 Unprofessional Conduct. Unprofessional conduct by an optometrist includes any of the following:
(1) Engaging in any practice which constitutes a danger to health, welfare, or safety of a patient or the public.
(2) Engaging in conduct in the practice of optometry which evidences a lack of knowledge or ability to apply professional principles or skills.
(3) Practicing or attempting to practice beyond the scope of practice.
(4) Practicing in a manner which demonstrates the optometrist is grossly incompetent.
(5) Obtaining a license through fraud.
(6) Obtaining or attempting to obtain anything of value by fraudulent representation in the practice of optometry.
(7) Practicing or attempting to practice while the ability to perform services is impaired by physical, mental or emotional disorder, drugs, or alcohol.
(8) Practicing while knowingly having an infectious or contagious disease.
(9) Any conduct of a character likely to deceive or defraud the public.
(10) Loaning of an optometric license or certificate to anyone.
(11) Splitting or dividing any fee for optometric service with any person, except an associate licensed optometrist.
(12) Using the title “Doctor”, or the initials “Dr.”, in printed form unless the optometrist has been granted the title of doctor of optometry by an optometric college and unless the optometrist indicates in printing in the same communication that he or she is an optometrist.
(13) Failing to notify the board of any change in address or change in location of practice within 30 days.
(14) Failing to furnish to the board upon request information concerning the mode and location of practice.
